In 2021, the Iowa Supreme Court held that a police search of garbage left at curbside for pickup was unconstitutional under the Iowa Constitution’s search and seizure clause. A local ordinance made scavenging through someone’s garbage illegal, which to the court meant that the garbage owner possessed a government-recognized property right in the trash, and
Death By A Thousand Days: The Courts “have enabled interest groups to transform the bench into a tool to stymie any new development. It is long past time to correct our mistake.”
The bottom-line holding in the U.S. Court of Appeals’ recent opinion in Appalachian Voices v. Fed. Energy Reg. Comm’n, No. 24-1094 (June 6, 2025), that FERC was ok when it allowed a pipeline company an extension of time to complete the project isn’t all that surprising. And indeed, it isn’t all that interesting except
Va App: When Statute Requires Condemnor Provide 60-Year History Examination Of Title But It Doesn’t Do So, Guess What?
A short one from the Virginia Court of Appeals. Very Virginia-specific, but there are lessons here for those of you outside the Old Dominion.
In City of Virginia Beach v. Mathias, No. 2073-23-1 (June 10, 2025), the court held that when a statute requires the condemnor to do something prior to taking property, the
Happy 810th (The) Magna Carta (Charta) Day!
810 years ago today* on a grassy plain down by the river, the barons convinced bad King John to affix his seal to Magna Carta. Or the Magna Carta. Or Magna Charta. However you want to grammarize it. (And no, he didn’t “sign” it, they didn’t do things like that back then.)
And
And The 2025 Brigham-Kanner Property Rights Prize Goes To…Professor William Fischel
Here’s news we’ve been waiting for.
The William and Mary Law School announced that Professor William Fischel will be awarded the 2025 Brigham-Kanner Property Rights Prize at the annual conference in Williamsburg in October 2025.
The Brigham-Kanner Property Rights Prize is presented annually to a scholar, practitioner, or jurist whose work affirms the fundamental importance
CA8: Local Ordinances Regulating Pipelines Are Preempted By State And Federal Pipeline Law
A short one from the U.S. Court of Appeals for the Eighth Circuit.
In Couser v. Shelby County, No. 23-3758 (June 5, 2025), the court held that local ordinances which were adopted after a pipeline company announced plans to build a project to move carbon dioxide across several states (and presumably designed to make
New Article: Note, “Background Principles” and the General Law of Property, 138 Harv. L. Rev. 2071 (June 2025)
Here’s the latest, a student-authored note, “‘Background Principles’ and the General Law of Property,” 138 Harv. L. Rev. 2071 (2025).
Here’s the argument:
Background principles are a strong medicine. When a court analyzes a takings claim, it must first identify the property interest at issue before deciding the more complex, discretionary question of
New Podcast: “Property Rights, Regulation, and the Rule of Law with Donald Kochan”
Check out the latest episode of the Lunch Hour Podcast, featuring lawprof Donald Kochan, “Property Rights, Regulation, and the Rule of Law.”
Here’s the description:
In this episode of The Lunch Hour with Federal Newswire, host Andrew Langer sits down with Professor Donald Kochan of the Antonin Scalia Law School at
Florida: Taxi Licenses May Have Been Declared “Private Property,” But They Aren’t Actually Private Property
In Bojorquez v. Florida, No. SC2023-0095 (June 5, 2025), the Florida Supreme Court reached a decision that a lot of other courts have reached: taxi licenses are not “private property” and therefore there’s no taking when the government does something to affect the value of those licenses. But this one has some interesting
Should We Make Anything Of The Supreme Court’s Denial Of Four Property Rights Petitions?
Knocking on the Supreme Court’s door
Earlier this week in this Order, the U.S. Supreme Court declined to review four property rights cert petitions (three of which were ours):
- Iten v. County of Los Angeles – whether a Co-19 commercial eviction moratorium impaired the obligation of contracts (the lessor-lessee leases)?
- Gym 24/7 Fitness, LLC